TRADEMARK REGISTRATION

Trademark is an intellectual property of any individual or business, though it is advised that the trademark should be registered in the name of an individual, as the trademark registered under the business would be termed invalid if the business closes down. Intellectual property can be any recognizable sign, design, or expression that could uniquely identify the service or product of any particular business. The Trademark which is used to identify any particular service or goods is usually termed Service Marks as well. Trademarks can be owned by any individual or business or any legal entity.

Use of Trademark
Trademarks are used to identify the brand owner of any particular service or product. Trademarks can only be used by others only under licensed agreements. If anyone copies a trademark for the benefit of selling under-quality goods or services for marginal gain then that process is called brand piracy. On this account, the owner of the trademark can pursue legal action against the person or business performing trademark infringement. But legal action can only be taken in most of the countries only if your trademark is formally registered.

Registration Process

Trademark registration in India is done by either the Ministry of Commerce and Industry or by the Government of India or Controller General of Patents Design and Trademarks. Trademark registration is a long process since it takes around eighteen to twenty-four(18-24) months for approval. Before applying for trademark thorough research has to be done to make sure that no one else has applied for the same trademark design before. Also, the intellectual identity's specializations or properties should stand unique, only then will your application for trademark be accepted. Once you have checked the entire trademark database for the uniqueness of your brand to avoid any kind of objection, then you have to write an authorization letter and duly sign it and then submit to a lawyer so that they can file a trademark application. Once you receive the Government acknowledgment you can use the 'TM' symbol along with your brand name. There is a possibility that someone may object to your trademark, if not then in around 18-24 months your registration will be confirmed and you will be provided with a registration certification for Trademark.

There are various class of trademark based on the category your intellectual property or identity may fall into. In total there are 45 classes.

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FSSAI License and FSSAI Registration

FSSAI License and Registration is required for any food business in India that manufactures, stores, transports, or distributes food. Depending on the size and nature of the company, FSSAI registration or license may be required. In the FSSAI Registration process, the FBO will get a 14 digit number that needs to be printed on food packages. Obtaining a FSSAI license can provide the food business with legal benefits, build goodwill, ensure food safety, create consumer awareness, and assist in business expansion. IndiaFilings can help you obtain an FSSAI license throughout the country very quickly. We also help to get FSSAI registration. Our experts will guide you in selecting the proper food category and license.

Governing Law

The Food Safety and Standards Authority of India (FSSAI) is a legal authority that offers a food license to all food business operators (FBO) in India.

As per Section 31(1) Food Safety and Standards Act, 2006, every Food Business Operator in the country must be licensed under the Food Safety & Standards Authority of India (FSSAI). The FSSAI licensing and registration procedure and requirements are regulated by the Food Safety & Standards (Licensing and Registration of Food Business) Regulations, 2011.

Food Business Operators Who Require FSSAI Registration?

The Food Business Operators (FBOs) carrying on the following kinds of the food business must have FSSAI License/Registration:

• Petty retailers, Retail Shops, Snacks shops, Confectionery or Bakery shops, etc

• Temporary stalls, fixed stalls, or food premises are involved in preparing, storing, distributing, and selling food products.

• Hawkers sell packaged or freshly prepared food by traveling from one location to another.

• Dairy Units, including Milk Chilling Units, Petty Milkmen, and Milk Vendors

• Slaughtering house

• Fish Processing, Meat Processing, and unit

• All Food Manufacturing units that include Repacking food

• Vegetable Oil Processing Units

• Proprietary food and Novel food

• Cold/refrigerated storage facility

• Transporter of food products having several specialized vehicles like insulated refrigerated vans/wagons, milk tankers, food wagons, food trucks, etc

• Wholesalers, suppliers, distributors, and marketers of food products

• Hotels, Restaurants, and Bars

• Canteens and Cafeteria, including mid-day meal canteens

• Food Vending Agencies and Caterers

• Dhaba, PG provides food, a Banquet hall with food catering arrangements, Home Based Canteen, and Food stalls at fairs or religious institutions.

• Importers and Exporters of food items and food ingredients

• E-Commerce food suppliers, including cloud kitchens

• Eligibility Criteria for Food Business Registration/License

• The document attached here provides eligibility criteria for Food Business Registration/License.

FSSAI Registration/FSSAI License

FSSAI registration is provided based on the business types, turnover, and production capacity. According to the installed capacity and turnover, FBOs are eligible for essential, central, and state licenses.

FSSAI Registration

FSSAI Registration is mandatory for petty food manufacturers or the FBO having a turnover of less than Rs.12 Lakhs unless the FBO is covered under compulsory licensing.

The petty FBO who manufactures or sells food items, a hawker, little retailer, itinerant vendor, temporary stall-holder, or small-scale industries relating to food business who comply with the following conditions must obtain an FSSAI registration certificate.

• Annual turnover does not exceed Rs.12 lakh.

• Production capacity of food products (other than milk and milk products and meat and meat products) up to 100 liters or kg per day

• Procurement or handling and collection of milk is up to 500 liters of milk per day or

• Slaughtering capacity is two large animals or ten small animals, or 50 poultry birds per day or less.

• Distributes foods including in any religious or social gathering except a caterer

For a better understanding, go through the following table:

FSSAI registration number will be granted by the State Licensing Authority, and its carries 14 digits in it, but the first digit starts with 2.

FSSAI License

FSSAI License is mandatory for businesses having a turnover of more than 12 lakh or by the FBO engaged in food processing and manufacturing. The FSSAI License is categorized into two types Central and State License. FSSAI license carries 14 digits, wherein the first digit starts with 1. FBOs need to get the state license or the central license depending on the size of their business.

State license

Medium-size processors, manufacturers, traders, marketers, or transporters require the FSSAI state license from the state government.

The FBO has an annual turnover of more than Rs.12 lakh but not exceeding Rs.20 crore, is considered a medium-sized FBO and must obtain a state license.

The FBO must get a central license when its annual turnover crosses Rs.20 crore.

Central license

A large-sized business processing, transporting, manufacturing, and having international trade of food products needs to obtain the FSSAI central license. The FBO having an annual turnover of more than Rs.20 crore is considered a large business and must obtain an FSSAI central license from the Central Government.

Difference between FSSAI Registration and FSSAI License

Benefits of Procuring FSSAI Food License

Obtaining an FSSAI license can provide the food business with the following benefits:

• Legal benefit

• Ensure food safety

• Build goodwill

• Create consumer awareness

• It helps regulate, manufacture, store, distribute, and sell imported food.

• It becomes easy to obtain funds from investors when an entrepreneur has an FSSAI license.

• FSSAI logos on food products ensure the quality of the products to the customers.

The registration number displayed on the food premises indicates that the premises comply with hygiene and quality standards.

Validity of FSSAI License/Registration

The FSSAI License / Registration will be issued for 1 to 5 years, as chosen by the Food Business Operator, from the date of issue of registration or license. The FBO must apply for renewal 30 days before the expiry of the current request.

Documents Required

The following documents are necessary for FSSAI registration:

• Photo of the Food Business Operator

• Government-issued Photo ID, including AADHAAR, PAN, Voter ID, etc.

• Proof of the business activity address (required if the address differs from what is stated in the Photo ID card).

Consequences for Conducting Business Without an FSSAI Registration

Engaging in any food-related business without a valid FSSAI registration/license, except for individuals exempted under sub-section (2) of section 31 of this Act, either personally or through a representative, for activities such as manufacturing, selling, storing, distributing, or importing food products without proper authorization, may lead to penalties.

The potential penalties for such actions can include a prison sentence of up to six months and a fine of up to five lakh rupees.

Seamless FSSAI Registration Process with IndiaFilings

IndiaFilings offers comprehensive support for FSSAI Registration, making the process simple and efficient. Here are the details of how we can assist you:

• Expert Guidance: Our team of experienced professionals provides expert guidance throughout the FSSAI Registration process with affordable FSSAI registration fees, ensuring you meet all the requirements and guidelines.

• Document Preparation: We help you prepare and organize the necessary documents, including the application form, proof of identity, address proof, and other required documents.

• Application Submission: We submit your FSSAI Registration application on your behalf, reducing the administrative burden on your end.

• Follow-Up: Our team ensures a smooth application process by following up with the authorities as needed and addressing any queries or concerns.

• Compliance Assistance: We assist you in ensuring that your business operations align with FSSAI regulations to maintain compliance.

• Hassle-Free Process: Our streamlined approach makes the FSSAI Registration process hassle-free, saving you time and effort.

• Trusted Partner: IndiaFilings is trusted by businesses of all sizes for its compliance and registration services with reasonable FSSAI registration fees.

• Dedicated Support: Our support team is ready to assist you at every stage of the FSSAI Registration process, addressing any questions or issues you may have.

With IndiaFilings as your partner, FSSAI Registration becomes a straightforward and stress-free experience.